Terms & Conditions
Please read these Terms and Conditions carefully. These terms and Conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below.
Company means Laura Caroline Fine Furniture Limited (Company Number: 11159580);
Conditions means these terms and conditions;
Customer means you;
Product(s) means a product displayed for sale on the Website;
Website means the Website located at www.lauracarolinefinefurniture.co.uk or any subsequent URL which may replace it;
United Kingdom means mainland England, Wales and Scotland.
1 BASIS OF SALE
1.1. These terms govern the sale of Products to the exclusion of any other terms and no variation to these terms shall be binding unless agreed in writing between the authorised representatives of the Company and the Customer.
1.2. The Customer shall be responsible for determining that the Products sold accord with their requirements and are fit for the Customer’s purpose. This includes the Customer being fully responsible for ensuring that the purchase is capable of being delivered to the Customer’s home safely and unencumbered, that access into their property allows such space that it will not damage the Customer’s property or the product being delivered. Any related concerns must be raised by the Customer at time of purchase with reference to our access guides on our Website or by calling our web sales team. The Customer must check in full all significant details relating to their order, prior to signing for acceptance. Should the Customer fail to do this any subsequent errors or omissions shall be subject to correction without any liability or cost on the part of the Company, subject to the Consumer Rights Act 2015 (CRA).
1.3 The Company reserves the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. The Company may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion.
1.4. When the Customer places an order with the Company online, the Customer is making an offer to purchase Product(s) from the Company. No contract exists at this point. The contract is only created when the Company sends to the Customer an email confirming receipt of the order and the acceptance of it, and the Company has taken payment as detailed below. The Company is not bound to accept an order placed by the Customer.
1.5. The Customer is liable to pay any delivery charges (which vary depending on the area). If an order is placed by the Customer for delivery to an area outside the United Kingdom (as defined above) it as the sole discretion of the Company as to whether to accept the order and, if it does, increased delivery charges may apply.
1.6. No waiver by the Company of any breach of these terms by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
1.7. If any provision of these terms is held to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and the remainder of the provision in question shall not be affected thereby.
1.8. The quantity, quality and description of the Product shall be those set out in the Company’s literature and online, subject to any written variations, prior to purchase.
1.9. Product guarantees relate only to the Product and address as detailed on the original order and the Company is not liable for a guarantee provided a third party.
1.10. Any rights of any person to enforce the terms of sale pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.
1.11. The contract is governed by and construed in accordance with the laws of England & Wales.
1.12. The registered office address of the Company is Unit 12, Quays Reach, Carolina Way, Salford Quays, Salford, Manchester M50 2ZY. The company registration number of the Company is 11159580.
2 PAYMENT & CANCELLATION
2.1. Subject to any special terms agreed in writing between the Customer and the Company the Customer shall pay the price of the Product in full on placement of the order for items in stock and available for delivery.
2.2. The time for payment of the price shall be of the essence of the Contract.
2.3. If instalment payments are agreed (at the sole discretion of the Company) or if any payment fails to clear the banking process or the Customer fails to make payment on the due date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:-
2.3.1. cancel the contract or suspend any further deliveries to the Customer;
2.3.2. appropriate any payment made by the Customer to such of the Product (or the Product supplied under any other contract between the Customer and the Company) as the Company may think fit;
2.3.3. charge the Customer interest on the amount unpaid at the rate of 4 per cent per annum above the base rate of Barclays Bank plc until payment is made; and
2.3.4. reclaim from the Customer any reasonable costs incurred in collecting outstanding sums, including lawyers’ fees and bank charges for returned cheques.
2.4. Refunds must use the same form of payment as that used for the original purchase.
2.5. Prices and specifications are correct at the time of publication but may be subject to alteration. All prices are inclusive of VAT (where applicable) at the current rates and are correct at the time of entering the information onto the system. The total cost of your order is the price of the Products & services ordered plus any delivery charges.
2.6. Payment can be made by any of the methods specified in the payment section of the Website and payment will be debited and cleared from the Customer account when the order is created. The Customer confirms that the credit or debit card that is being used is that of the Customer. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the Customer payment card refuses to or does not, for any reason authorise payment to the Company, the Company will not be liable for any delay or non-delivery.
2.7. The Company reserves the right to cancel/not accept an order if:
2.7.1. it has insufficient stock to fulfil the order;
2.7.2. it does not deliver to your area;
2.7.3. one or more of the Product ordered was incorrectly described or priced on the Website;
2.7.4. the payment transaction is not authorised;
2.7.5. the Customer does not provide the Company with accurate name, payment details, including the registered card address, the delivery address if different from the card address, e-mail address and telephone number.
3 DELIVERY, STORAGE & RETURNS
3.1. Any date for delivery of the Product is approximate only and the Company shall not be liable for any delay in delivery of the Product caused by circumstances beyond its control. Time for delivery shall not be of the essence unless previously agreed by the Company in writing. A delivery/collection note signed by the Customer is proof of delivery/collection of the Products. Delivery charges (payable by the Customer) may vary depending on the delivery address. If the Customer fails to take delivery of the Product or the Company cannot deliver the Product because the Customer fails to give adequate instructions, permission and/or access, the Company’s responsibility (except for damage caused by its negligence) will end on the agreed delivery date and the Customer will pay the Company’s reasonable costs (including insurance) of storage until actual delivery in accordance with clauses 3.2 and 3.10.
3.2. If the Customer fails to take delivery of the Product or delivery cannot be made due to factors beyond the Company’s control (otherwise than by reason of any cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to the Company the Company may:-
3.2.1. subject to clause 3.10, store the Product until delivery and charge the Customer for the reasonable associated costs (including transport and insurance) of storage;
3.2.2. sell the Product at the best price readily obtainable and (after deducting all reasonable associated costs pursuant to clause 3.2.1) subject to receipt of payment in full of the price of the Product in cash or cleared funds, account to the Customer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
3.3. Where Products have been specifically ordered for a Customer or specifically designed and manufactured at the Customer’s request so as to make the Product bespoke to the Customer and the Company has incurred expense in fulfilling the contractual obligations irrespective of the amount of those expenses the full contract price for the Product is payable.
3.4. The Company will only accept the cancellation of a Customer’s order if written request of cancellation is received before the Company has committed to the purchase from the manufacturer. The Company cannot accept cancellation after this stage and the Customer is obliged to make payment in full for the Product.
3.5. Prior to delivery or collection, payment of the balance (if any) will be taken and once the Products are deemed to have been delivered or collected, ownership and risk of damage to or loss of the Product shall pass to the Customer.
3.6. Notwithstanding delivery and the passing of risk in the Product or any other provision of these terms the legal and beneficial ownership of the Product which are the subject of each contract shall be retained by the Company until the Company has received in cleared funds payment in full of the price of the Product.
3.7. Every effort will be made to ensure that the Product that the Customer has ordered arrive undamaged, complete and without defect. The Product must be examined in the presence of the delivery driver and if the Customer locates a defect, damage or shortfall the Customer should note it immediately on the delivery note before the delivery driver leaves.
3.8. Short or non-delivery must be notified to the Company as a matter of urgency, in writing within 72 hours of delivery. If the Customer fails to notify the Company within this period then the Customer shall be deemed to have accepted the invoiced consignment as complete and undamaged.
3.9. The Company is not responsible for personal injury (unless caused by the Company’s negligence), damage to property or damage arising by reason of inadequate space, access or delivery instruction of any kind and is not liable to the Customer for any unforeseeable loss, damage or expense the Customer suffers which arises directly or indirectly from any delay in delivery of the Product.
3.10. The Company will store Product for a maximum of 1 week, subject to space availability. Such a time period will commence upon the date when the Customer is notified that the Product are available for delivery. Thereafter the storage charges will be payable by the Customer to the Company at a rate equivalent to commercial storage rates. If the Customer does not take delivery within 14 days from the agreed delivery date, the Company may sell the Goods at the best possible price pursuant to clause 3.2.2.
3.11. Subject to clause 3.3 above, if the Customer orders a bespoke or specifically designed product so as to make the Product bespoke to the Customer and subsequently cancels the order it is unlikely that the Company will be able to sell the Product to another customer at the full selling price. The Company therefore reserves the right to charge in accordance with clause 3.3 above or a cancellation fee of up to 100% of the order value, at its sole discretion. In respect of these Products the usual refund policy, pursuant to clause 3.13 below, does not apply and Products cannot be returned or exchanged unless faulty. For Products purchased on line, the Customer has the right to cancel orders that are not bespoke, or specifically designed for the Customer, by notifying the Company in writing (including email) before delivery, or within 72 hours of the time of delivery of the Product (provided the returns policy at clause 3.13 below is complied with). This excludes, for hygiene reasons, beds/mattresses/mattress toppers and pillows which have been taken out of their original sealed packaging, bespoke or specifically designed items, any items which are not returned with their full original packaging and any items which have been used. The Customer is to follow the procedure relevant to the delivery method used to deliver the Customer’s Product.
3.12 Cancellation after Delivery
If the Customer cancels an order after the Product has been delivered and signed for, the Customer must not use the Product, must take care of the Product and keep the original packaging where possible and make it available to the Company when it calls to collect them on a date to be agreed. If the Product to be returned complies with the returns policy, the Company will refund the Customer the price paid for the Product in question, excluding the original delivery charge and excluding the cost of collection in the free delivery areas.
3.13 Returns Policy
Subject to clauses 3.3 and 3.11 above: -
- All returns must be notified to the Company, in writing, within 72 hours of the time of delivery. Claims made after this time may not be considered;
- Credits or replacements can only be made once photographic evidence is provided within 72 hours of the time of delivery or the Product has been returned for inspection and then only if the returns policy is complied with;
- If agreed, the refund will be in the same form of payment originally used for the purchase. The refund request will be processed within 10 working days of the Product being received by the Company and, if approved, paid within 48 days provided that the Product is/are returned or collected and received in the condition that they were delivered to the Customer;
- The Customer is responsible for return postage costs;
- If the Product returned is not in fully re-saleable condition or the packaging is damaged/missing, the Company reserves the right to refuse a refund on the item, or to deduct up to 50% of the original selling price from the refund amount;
- It is the responsibility of the Customer to check the delivery for shortages and to notify the Company within 72 hours (3 days) of the time of delivery in accordance with clauses 3.8 above;
- It is the responsibility of the Customer to check the delivery for damage in accordance with clauses 3.7 above. Any such claim for damage must be notified to the Company within 72 hours of the time of delivery;
- This does not affect your statutory rights.
4 RISK & DATA
4.1. Risk of damage or loss of the Product shall pass to the Customer upon delivery or collection.
4.2. The Company will treat all personal information of the Customer as confidential (although the Company reserves the right to disclose this information in the circumstances set out below). The Company will keep it on a secure server and will comply with all applicable UK data protection and consumer legislation from time to time in place.
4.3. The Company will comply with its obligations under the General Data Protection Regulation and, where it might transfer data to the Customer, the Customer warrants to the Company that the Customer will treat data securely and not disclose that data to any third party without consent.
5 WARRANTIES & LIABILITIES
5.1. Any claim by the Customer which is based on any defect in the quality or condition of the Product or any part thereof or their failure to correspond with the Customer’s specification shall (whether or not delivery is refused by the Customer) be notified to the Company in writing to the Company within 72 hours from the date of delivery in order for an accurate diagnosis to take place. Where the defect or failure was not apparent from reasonable inspection or if the Customer elected not to inspect the Product in all cases the remedy will be in line with the CRA.
5.2. Subject to Clause 5.4 below where a valid claim in respect of the Product or any part thereof is based on any defect in the quality or condition of the Product or their failure to correspond with the Customer’s specification as notified to the Company in accordance with these Conditions the Company shall be entitled at its discretion to replace or repair the Product (or the part in question) or to refund to the Customer the price of the Product (or a proportionate part of the price). The Company will deal with these incidents and any subsequent disputes in line with guidance from the CRA.
5.3. Except in respect of death or personal injury caused by the Company’s negligence the Company shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (how so ever caused) whatsoever which arise out of or in connection with the supply of the Product or their use or resale by the Customer except as expressly provided in these Conditions.
5.4. Where the Company is in breach of contract, its liability shall not exceed the purchase price of the Product which are the subject of each contract.
6 ONLINE ORDERS
General Online Terms & Conditions:
6.1 Intellectual Property and Right to Use
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in the Company. The Customer is permitted to use this material only as expressly authorised by the Company.
The Customer acknowledges and agrees that the material and content contained within the Website is made available for the Customers personal non-commercial use only and that the Customer may (if necessary to make a purchase) download such material and content onto a computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6.2 Compliance with Laws
The Website may be used only for lawful purposes and in a lawful manner. The Customer agrees to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
6.3 Limitations of Liability
Whilst the Company will use reasonable endeavours to verify the accuracy of any information it places on the Website, it make no warranties, whether express or implied in relation to its accuracy, completeness, compatibility or security.
The Company makes no warranty that the Website will meet the Customer’s requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Website. The Company will not be responsible or liable to the Customer for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, the Company disclaims any and all warranties of any kind, whether express or implied, in relation to the Products or Product. This does not affect the Customer’s statutory rights as a consumer, nor does it affect the Customer’s contract cancellation rights.
Except in respect of death or personal injury caused by the negligence of the Company, it shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty at common law for any costs or other claims for expenses or any other claims for consequential or financial compensation (howsoever caused) whatsoever which arise out of or connection with the Customer’s use of this Website or in connection with the supply of the Product or their use or resale by you except as expressly provided in these Conditions. Where the Company is in breach of contract, its liability shall not exceed the purchase price of the Product which are the subject of each contract.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
If the Company does not fully exercise one or more of our rights under these Conditions, this does not prevent the Company from exercising any other rights in future.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
The contract is personal to the Customer and cannot be transferred without prior written consent from the Company, which will not be refused without good reason.
Unless the Company notifies the Customer otherwise, any notice to be given under the contract should be in writing addressed to the Company at the address in clause 1.11. The Company will send any notices to the Customer to the address provided by the Customer when ordering the Product.
6.9 Entire Agreement
These Conditions govern the Company’s relationship with the Customer. Any changes to these Conditions must be in writing in accordance with clause 1.1. The Customer confirms that, in agreeing to accept the Conditions, the Customer has not relied on any representation save insofar as the same has expressly been made a term of these Conditions and the Customer agrees that it shall have no remedy in respect of any representation.
THESE TERMS DO NOT AFFECT THE STATUTORY RIGHTS OF THE CUSTOMER.